8 results for 'cat:"Constitution" AND cat:"Tort"'.
J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, constitution, tort
J. Conley finds for the federal government in a lawsuit from property owners claiming that trees on their property have been damaged by road salt running off from a neighboring VA medical center. The property owners have failed to bring sufficient evidence to support their takings and private nuisance claims such that a reasonable jury could determine the VA center's salt storage is responsible for the damage to their trees, so the government's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 29, 2023, Case #: 3:22cv395, NOS: Torts to Land - Real Property, Categories: constitution, Property, tort
J. Couldon grants the Maryland’s attorney general motion to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. The resident failed to explain the legal basis asserting the circumstances that the violations would be unconstitutional and lacks a plainly legitimate sweep. Therefore, this case is directed to be closed.
Court: USDC Maryland, Judge: Coulson, Filed On: November 20, 2023, Case #: 1:23cv1376, NOS: Other Civil Rights - Civil Rights, Categories: constitution, tort
J. Silva grants the Nevada secretary of state’s motion to dismiss this suit alleging that Nevada’s Election Worker’s Protection Act violates the U.S. and Nevada Constitutions. Certain poll workers say that the Act may subject workers to criminal liability for making legitimate challenges. The workers fail to articulate an objective, concrete threat of future harm in their possible discouragement from poll work. There are no allegations that the workers filing suit will not participate in future elections.
Court: USDC Nevada, Judge: Silva, Filed On: October 20, 2023, Case #: 2:23cv1009, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Elections, tort
J. Chasanow grants in part Maryland’s attorney general and three Montgomery County police employees’ motions to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. It is not in the public interest to prohibit state officials from prosecuting under the anti-harassment law, “in effect giving [plaintiff] carte blanche to harass MCPD employees via phone and email, prior to determining the constitutionality of those laws.” The individual’s motions for preliminary injunction, restraining order, summary judgment and to disqualify counsel are all denied because he has failed to produce any evidence other than a copy of an email.
Court: USDC Maryland, Judge: Chasanow, Filed On: October 18, 2023, Case #: 8:23cv338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, tort
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J. Cogburn grants a police officer’s motion for summary judgment in a suit brought against him by a driver alleging he used excessive force after he pulled her over for suspected drunk driving. Although the officer applied a breathalyzer and field sobriety tests, which were positive for alcohol content, the charges of driving while impaired and reckless driving were dropped. When he tried to arrest her for drunk driving, she refused until he used an arm-bar takedown technique to get her on the ground to handcuff her. The driver claims she suffered multiple injuries as a result, including herniation of spinal discs, a black eye, and cuts and bruises all over her face, breasts, legs, and back. Although the driver invokes her Fourth and Eighth Amendment rights, they fail in the face of the officer’s state sovereign and qualified immunities.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 1:21cv166, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, tort
J. Pickett finds that the trial court properly ruled in favor of the sexual abuse victim on his claims against the diocese over a priest who was a "known pedophile." Though the victim's claims under pre-existing law were prescribed, the amendment to the relevant statute applies retroactively to revive claims for sexual abuse of minors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: August 17, 2023, Case #: CW-22-120, Categories: Civil Procedure, constitution, tort
J. Colloton finds a lower court properly granted summary judgment to a police officer on a civilian’s unreasonable seizure claims. The civilian argued that the police officer shot his dog in violation of his Fourth and 14th Amendment rights. However, the city’s board of police commissioners sufficiently showed the homeowner failed to restrain his growling, barking dog after it darted toward the police officer, who is entitled to qualified immunity for making a split decision to protect himself. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2815, Categories: constitution, tort, Immunity